The en banc Federal Circuit recently conducted a thorough examination of the damages evidence supporting EcoFactor’s $20 million patent victory over Google. During the proceedings, several judges expressed concerns regarding the congruence of the evidence with the testimony provided by EcoFactor’s expert witness. This scrutiny has prompted discussion within legal circles about the robustness of the evidence that formed the basis for the verdict.
For further reading, see the coverage of the case on Law360, which details the Federal Circuit’s engagement with the case proceedings.